Veerhusen v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for injuries received by plaintiff's cattle while straying upon defendant’s track, and alleged to have been caused by defendant’s neglect to erect fences and keep the same in repair between the plaintiff’s land and said track. The facts established by the evidence as understood by this court, and the exceptions taken to the rulings' of the court below, will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Dane County. Action for injuries received by plaintiff's cattle while straying upon defendant’s track, and alleged to have been caused by defendant’s neglect to erect fences and keep the same in repair between the plaintiff’s land and said track. The facts established by the evidence as understood by this court, and the exceptions taken to the rulings' of the court below, will sufficiently appear from the opinion. There was a verdict • for the plaintiff;' a new trial was refused; and defendant appealed from a judgment on the verdict.1 argued, inter alia: 1.…
1Opinion of the CourtOrton, J.
The evidence sufficiently established, and the jury may be presumed to have found, the following facts: (1) When the railway was constructed, a burrow or pit-hole was made by an excavation into the lands of one Woodard, near the track. (2) The railroad was not fenced at that point, because it was at that time supposed that the steep bank of the pit-hole would be sufficient protection against animals going upon the track from such pit-hole. (3) In the course of time this bank or acclivity became more sloping by caving off and beiDg washed down, from natural causes, and, with the knowledge of…
2Cases cited10 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- Ulicke v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Strong v. City of Stevens PointWisconsin Supreme Court · 1885
- Smead v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.